The court emphasized that unjustified deductions from the gratuity amount and the expectation for the widow to meet the claims of the department after the death of the government servant were not acceptable.

1. As prayed learned counsel for the petitioner is permitted to add Agriculture Production Commissioner as Respondent no. 1 with the nomenclature The State of Bihar, through Agriculture Production Commissioner, Government of Bihar, Patna.

2. In this writ petition, petitioner who is widow of the deceased Government servant, late Uma Kant Jha, has sought for direction to the Respondent-authorities for payment of gratuity payable after the death of her husband in harness on 3.3.1998 with statutory interest at market rate.

3. Petitioners husband was appointed by the Respondent-authorities as far back as on 12.12.1980 and died on 3.3.1998 while working as Agriculture Inspector; Kishanganj. When despite request and making representation, payment of gratutity amount was not made,. the petitioner was compelled to file this writ application.

4. A counter affidavit was filed on behalf of the Respondents, in which it is stated that the petitioner has been sanctioned full pension and gratuity vide order no. 429 dated 12.2.2002 (Annexure-A). Further, it is vaguely stated that reason for delay in issuance of the order was that it was reported that there were outstanding dues against the husband of the petitioner, who had taken advance which was outstanding. It is further stated that he was incharge of the P.l.Godown of his office and as he had died in harness, an inventory of the same was prepared, whereafter, the sanction order was issued.

5. On 1.11.2002 learned Government Pleader No. l produced D.C.R.G. payment order along with letter no. 3293 dated 31.10.2002 issued by the Deputy Secretary of Agriculture Department, which shows that deduction of Rs. 91,700/- was made on account of outstanding advance and shortage shown in the inventory without giving any detail. The Court adjourned the matter to enable the State authority to file affidavit giving satisfactory explanation with respect to the aforementioned deductions made from the D.C.R.G. payable to the widow-petitioner.

6. A supplementary counter affidavit was filed on 15.11.2002, which again was vague and did not contain the details and only contains the statement that the amount was adjusted as against the advance of Rs. 40,500/- given to the deceased and Rs. 51,200/- on account of shortage of value of goods reported by Sub-divisional Agriculture Officer after preparation of inventory. As the said affidavit was filed under the instruction of the Deputy Secretary, this Court on the prayer made by the learned Government Pleader No. l further adjourned the matter for listing on 25.11.2002 under the same heading within top five cases on payment of cost of Rs. 500/- to be paid by the Deputy Secretary. The Deputy Secretary has filed l.A. No. 5177 of 2002 seeking modification of the order dated 15.11.2002 whereby he has been directed to pay Rs. 500/- as cost from his pocket. Second supplementary counter affidavit has been filed on behalf of the Respondents sworn by the Deputy Secretary to which certain documents have been annexed to show that the amount of advance of Rs. 40,500/- was outstanding.

7. l failed to appreciate the said stand being taken on behalf of the Respondents after almost five years of the death of the Government servant. In the counter affidavit it is alleged that the advance was taken by the deceased employee in between 29.4.1991 to 1.12.1992 and from further statements it appears that a reminder was sent to the deceased Government servant for presenting vouchers by September, 1995, which he failed to do so. it is really shocking that such objection cropped up only after the death of the Government servant and adjustments are sought to be made from the death-cum-retiral dues payable to the widow who obviously cannot meet such claim of the department. As already noted above, according to the case of the Respondents, the deceased got the abovementioned alleged advance during the period 29.4.1991 to 1.12.1992 and he died on 3.3.1998 i.e. after the lapse of five year